Privacy Policy

Last Modified: May 17, 2022

Overview of Privacy Policy

ProductPlan, LLC, a Delaware limited liability company (the “Company”, “we” or “us”), respects your privacy and is committed to protecting it through its compliance with this Privacy Policy (this “Policy”). This Policy explains how information is collected, used and disclosed by the Company with respect to the access and use of the Company’s websites, located at www.productplan.com and app.productplan.com (together, the “Website”) and the services that are available through the Website (the “Services”). This Policy does not apply to any third-party websites, services or applications that you may access through the Services.

This Policy applies to information we collect:

• On the Website, including through your use of the Services.
• In e-mail, text and other electronic messages between you and the Company or the Website.
• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Policy.

This Policy does not apply to information collected by:

• The Company offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries).
• Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.

PLEASE READ THIS POLICY CAREFULLY TO UNDERSTAND OUR POLICIES AND PRACTICES REGARDING YOUR INFORMATION AND HOW WE WILL TREAT IT. IF YOU DO NOT AGREE WITH OUR POLICIES AND PRACTICES, YOUR CHOICE IS NOT TO USE THE WEBSITE OR THE SERVICES. BY ACCESSING OR USING THE WEBSITE OR THE SERVICES, YOU AGREE TO THIS POLICY.

This Policy may change from time to time. Your continued use of the Website or the Services after we make changes to this Policy is deemed to be acceptance of those changes, so please check this Policy regularly for updates.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of the Website and the Services, including information:

• By which you and your company may be personally identified, such as your name, your company’s name, address, e-mail address, telephone number or any other identifier by which you may be contacted online or offline (“Personal Information”);
• That is about you but individually does not identify you; and/or
• About your internet connection, the equipment you use to access the Website and usage details.

We collect this information:

• Directly from you when you provide it to us.
• Automatically as you navigate through the Website. Information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies.

We do not knowingly collect personal information from children. If we learn that we have collected personal information of a child under 13 years old, we will take steps to delete such information from our files as soon as possible.

Information You Provide to Us

The information we collect on or through the Website may include:

• Information that you provide to us by filling in forms on the Website. This includes information provided at the time of registering to use the Website and the Services or requesting further services. We may also ask you for information when you report a problem with the Website or the Services.
• Records and copies of your correspondence (including e-mail addresses), if you contact us.
• Your responses to surveys that we might ask you to complete for research purposes.
• Details of transactions you carry out through the Website and our provision of the Services to you.
• Your search queries on the Website.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with the Website and the Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:

• Details of your visits to the Website, including traffic data, location data, logs and other communication data and the resources that you access and use on the Website or the Services.
• Information about your computer and internet connection, including your IP address, operating system and browser type.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Website. Unless you have adjusted your browser settings so that it will refuse cookies, our system may issue cookies when you direct your browser to the Website.
• Flash Cookies. Certain features of the Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on the Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
• Web Beacons. Pages of the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain Website content and verifying system and server integrity).

We do not collect Personal Information automatically, but we may tie this information to Personal Information about you that we collect from other sources or you provide to us. This helps us to improve the Website and the Services and to deliver a better and more personalized service.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any Personal Information:

• To present the Website and provide the Services to you.
• To provide you with information, products or services that you request from us.
• To fulfill any other purpose for which you provide it.
• To provide you with notices about your account, including expiration and renewal notices.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to the Website or the Services.
• To allow you to participate in interactive features on the Website or of the Services.
• In any other way we may describe when you provide the information.

We may also use your information to contact you about our services that may be of interest to you. If you do not want us to use your information in this way, please unsubscribe or contact us.

Disclosure of Your Information

We may disclose aggregated information about our users without restriction.

We may disclose Personal Information that we collect or you provide as described in this Policy:

• To our subsidiaries and affiliates.
• To contractors, service providers and other third parties we use to support our business.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by the Company about users of the Website or the Services is among the assets transferred.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.

We may also disclose your Personal Information:

• To comply with any court order, law or legal process, including to respond to any government or regulatory request.
• To enforce or apply our Terms of Service and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
• Promotional Offers from the Company. If you do not wish to have your e-mail address or other contact information used by the Company to promote its products or services, you can unsubscribe or e-mail us at info@productplan.com a request to remove your e-mail address from our promotional list. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.

Accessing and Correcting Your Information

You can review and change your Personal Information by logging into the Website and visiting your account profile page.

Data Security

We have implemented measures that we believe are reasonable to secure your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Website or the Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to the Website. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

EU-U.S. Privacy Shield Policy

We comply with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce (the “Privacy Shield Principles”) regarding the collection, use, and retention of personal information transferred from the European Union to the United States (the “EU Personal Data”). We have certified to the U.S. Department of Commerce that we adhere to the Privacy Shield Principles. For purposes of enforcing compliance with the Privacy Shield Principles, we are subject to the investigatory and enforcement authority of the U.S. Federal Trade Commission. If there is any conflict between the terms in our Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

Personal Data Collection and Use

This Privacy Policy describes the categories of Personal Information that we collect, which includes the EU Personal Data that we may receive in the U.S., as well as the purposes for which we use such EU Personal Data.

Third-Party Agents or Service Providers

We may transfer EU Personal Data to our third-party contractors, affiliated organizations or other service providers who perform functions on our behalf as described in this Privacy Policy. Where required by the Privacy Shield Principles, we enter into written agreements with those third-party contractors, affiliated organizations and other service providers requiring them to provide the same level of protection the Privacy Shield Principles require and limiting their use of the data to the specified services provided on our behalf. We take reasonable and appropriate steps to ensure that third-party contractors, affiliated organizations and other service providers process EU Personal Data in accordance with our obligations under the Privacy Shield Principles and to stop and remediate any unauthorized processing. Under certain circumstances, we may remain liable for the acts of our third-party contractors, affiliated organizations or other service providers who perform services on our behalf for their handling of EU Personal Data that we transfer to them.

Disclosures for National Security or Law Enforcement

Under certain circumstances, we may be required to disclose EU Personal Data in response to valid requests by public authorities, including to meet national security or law enforcement requirements.

Access Rights

You may have the right to access the EU Personal Data that we hold about you and to request that we correct, amend, or delete it if it is inaccurate or processed in violation of the Privacy Shield Principles. These access rights may not apply in some cases, including where providing access is unreasonably burdensome or expensive under the circumstances or where it would violate the rights of someone other than the individual requesting access. If you would like to request access to, correction, amendment, or deletion of your EU Personal Data, you can submit a written request to our contact provided below. We may request specific information from you to confirm your identity. In some circumstances we may charge a reasonable fee for access to your information.

Questions or Complaints

In compliance with the Privacy Shield Principles, we commit to resolving complaints about our collection or use of your personal information. EU individuals with inquiries or complaints regarding our Private Shield policy should first contact us at info@productplan.com.

We have further committed to cooperate with EU data protection authorities (“DPAs”) with regard to unresolved Privacy Shield complaints. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction within 45 days after our receipt of your complaint, you may contact the EU DPAs for more information or to file a complaint. The services of EU DPAs are provided at no cost to you.

Binding Arbitration

You may have the option to select binding arbitration for the resolution of your complaint under certain circumstances, provided you have taken the following steps: (a) raised your compliant directly with us and provided us the opportunity to resolve the issue, (b) made use of the independent dispute resolution mechanism identified above, and (c) raised the issue through the relevant data protection authority and allowed the U.S. Department of Commerce an opportunity to resolve the complaint at no cost to you. For more information on binding arbitration, see the U.S. Department of Commerce’s Privacy Shield Framework: Annex I (Binding Arbitration).

Changes to this Policy

It is our policy to post any changes we make to this Policy on this page. If we make material changes to how we treat our users’ Personal Information, we will notify you by e-mail to the primary e-mail address specified in your account or through a notice on the Website home page. The date this Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting the Website and this Policy to check for any changes.

Microsoft Privacy Information

ProductPlan, with its partnership and commitment to Security and Privacy with Microsoft, has its policy available here https://privacy.microsoft.com/en-us/privacystatement

Contact Information

To ask questions or comment about this Policy and our privacy practices, contact us at info@productplan.com